I UK 33/08
Generato dall'IA
Failure to serve appeal judgment to a detained client without counsel voids the appeal proceedings under Polish law.
Polonia (PL)
Sintesi Legislator
Generato dall'IAThe Supreme Court voided the appeal judgment because the defendant, detained and unrepresented, was not properly served with the appeal decision. The court found that the defendant's inability to access medical records due to this procedural failure deprived him of his right to defense. Consequently, the appeal proceedings were declared invalid and the case was remanded for a new trial.
Regesto Legislator
Generato dall'IAArt. 327 § 2 k.p.c.; Art. 379 pkt 5 k.p.c.: Failure to serve the appeal judgment to a party acting without professional representation who is deprived of liberty may deprive them of the opportunity to defend their rights and lead to the invalidity of the appeal proceedings.
Parole chiave
Generato dall'IA
service of judgment
detained party
lack of counsel
invalid appeal proceedings
right to defense
remand for retrial
procedural void
Disposizioni normative citate
Generato dall'IAArt. 327 § 2 k.p.c.
Art. 379 pkt 5 k.p.c.
Art. 398 § 1 k.p.c.
Art. 367 k.p.c.
Art. 176 ust. 1 Konstytucji
art. 327 § 2 k.p.c
art. 379 pkt 5 k.p.c
art. 47711 k.p.c
art. 233 § 1 k.p.c
art. 3983 § 1 pkt 2 k.p.c
Giurisprudenza citata
Generato dall'IAI PK 124/06
Supreme Court dismissed cassation appeal as alleged procedural defects did not affect plaintiff's rights.
I CK 226/04
III CK 226/02
IV CK 620/04
Supreme Court voids appeal trial due to defendant's inability to defend rights when lawyer was wrongly excluded.
IV CK 61/03
I UK 332/06
Supreme Court voids disability assessment due to prisoner's inability to attend hearings, violating fair trial rights.